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8 Cards in this Set

  • Front
  • Back

explain the Mistake defence

if you’re mistaken as to the existence of the element of AR which requires MR

Can Mistakes be a complete defence

yes if it negates D’s mens rea

Is the mistake being unreasonable relevant

No, the court will judge you on what you believed the facts to be (subjective test)

what case shows the court judges you based on what you believed the circumstance to be

Morgan

what case shows a reasonable mistake will be a defence where negligence is required for the element

Tolson

can you use mistake as a defence if the crime doesnt require MR (is strict liability offence)

no

what case shows a mistake of law (not knowing what the law was) is never a defence and that youll be treated as if you knew

Bailey

what case shows that a mistake of civil law can be a defence where it relates to an element of AR such as believing anothers property was your own and taking it (theft)

Smith